TERMS & CONDITIONS

Use of the Fastpay Platform/Fastpay Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Fastpay website located at www.fastpay.af, and all associated sites linked to www.fastpay.af, or the Fastpay mobile application or any similar platform (hereinafter collectively, the Fastpay Platform run by Fast Pay Networking Service Company, having its registered office at First Macroyan Block 14 Apartment 32, district 16, Center Kabul, Afghanistanand/or any of its affiliateson any device and/or before availing any services offered by Fastpay on the Fastpay Platform which may include services such as recharge or bill payment, digital products, semi-closed Token service and marketplace service or any other service that may be offered by Fastpay on the Fastpay Platform (hereinafter individually, and collectively, the Fastpay Services). For the avoidance of doubt,
it is clarified that these terms and conditions shall apply to all Fastpay Services, whether offered by Fastpay or its affiliates.

Acceptance

By registering on, accessing, browsing, downloading or using the Fastpay Platform for any general purpose or for the specific purpose of availing any Fastpay Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Fastpay Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any Fastpay Service or any future service that may be offered by Fastpay on the Fastpay Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Fastpay Platform or availing any Fastpay Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Fastpay Platform and immediately terminate Your availing the Fastpay Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Fastpay Platform or a customer or beneficiary of the Fastpay Services, and Fastpay. All services are rendered by Fastpay through the Fastpay Platform under the brand name “Fastpay” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Fastpay, regarding Your use of Fastpay’s digital services (which includes but may not be limited to prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets), the semi closed wallet service, the marketplace service or any such other services which may be added on the Fastpay Platform and which will henceforth be a Fastpay Service, from time to time. The Fastpay Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Fastpay grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Fastpay Platform and/or avail the Fastpay Services.

Eligibility

The Fastpay Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Fastpay from availing the Fastpay Services or accessing the Fastpay Platform. By accepting the T&Cs or by otherwise using the Fastpay Services on the Fastpay Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Fastpay, or disqualified for any other reason, from availing the Fastpay Services or using the Fastpay Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Fastpay reserves the right to suspend or permanently prevent You from availing Fastpay Services or using the Fastpay Platform.

Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail specific Fastpay Services and to specific portions or features of the Fastpay Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Fastpay Platform or for any Fastpay Service offered on or through the Fastpay Platform, the latter terms shall control with respect to Your use of that portion of the Fastpay Platform or the specific Fastpay Service. Fastpay may make changes to any Fastpay Services offered on the Fastpay Platform, or to the applicable terms for any such Fastpay Services, at any time, without notice. The materials on the Fastpay Platform with respect to the Fastpay Services may be out of date, and Fastpay makes no commitment to update the materials on the Fastpay Platform with respect to such Fastpay Services. The following terms also govern and apply to Your use of the Fastpay Platform, and they are incorporated herein by this reference: https://Fastpay.com/about-us/our-policies/#tandchttps://Fastpay.com/privacy-policy.

SSOID Service, Participating Platforms

Fastpay’s SSOID service offers You the convenience, after a one-time registration any Fastpay Platform, to sign on (log in) to all web pages and online platforms operated by Fastpay or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Platform with his SSOID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the SSOID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which Fastpay’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of Fastpay is solely responsible only for those content that it actually operates. For the SSOID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSOID shall be owned and operated by Fast Pay for use on all Participating Platforms, by Fast Pay or its affiliates. For the use of Fastpay’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform Fastpay immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that Fastpay sends the user a confirmation by e mail, in which a confirmation link is included next to the user name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts Fastpay’s offer, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. Fastpay is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Fastpay) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.

Communication Policy

By accepting the T&Cs, You accept the following:

1. Fastpay may send alerts to the mobile phone number provided by You while registering with the Fastpay Platform for the SSOID service or on any updated mobile number subsequently provided by You on the Fastpay Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.

2. Fastpay will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from Fastpay as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Fastpay Platform or availing any Fastpay Services. Fastpay shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Fastpay liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.

3. The SMS/e-mail alert/push notification service provided by Fastpay is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, Fastpay shall be immediately informed about the same by You and Fastpay will make best possible efforts to rectify the error as early as possible. You shall not hold Fastpay liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.

4. The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Fastpay shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

5. You will indemnify and hold harmless Fastpay and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Fastpay or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Fastpay and/or the SMS/e-mail service provider.

6. You will receive information via SMS, e mail and phone call regarding what Fastpay perceive to be of Your interest based on Your usage history and browsing history (which information may be shared by Fastpay with its affiliates). This includes providing information relating to offers, discounts and general information by Fastpay. In case You do not want such information, You have to explicitly ask to be excluded.

Use of Fastpay Platform

You understand that except for information, products or services clearly indicated as being supplied by Fastpay, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Fastpay cannot and does not guarantee or warrant that files available for download through the Fastpay Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.

Usage Policy

The user’s of FastPay application and website in using this facility agree to the following terms :
1. The User is responsible for entering the correct information (mobile number, amount, account number, connection number etc.)
2. FastPay Afghanistan is not responsible for poor or fault connection on the side of the user while using the Payment Option In case the user has paid for any service which provided by FastPay and not received the recharge amount etc. 3. If mobile recharge amount is less than 500 AFN one time of same number it will be recharge by our system without taking permission from user end besides of this we will contact to user(if same number recharge 2-3 times in the case of failure). The user will have to submit complete transaction details along with contact details to customer support at FastPay Afghanistan. The transaction issue will be resolved after cross checking with the concerned service provider partners. This process may take 7 working days or longer depending on the response from the partners.
3. FastPay Afghanistan will not refund any money directly to user account.
4. The user hereby agrees that by using the facility of online service from FastPay Afghanistan, the user has agreed to pay service charges for using FastPay services if applicable.

Prohibited Conduct

By accessing or using the Fastpay Platform or by availing Fastpay Services, You agree not to:

1. violate the T & Cs;

2. impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Fastpay Services, perform any other similar fraudulent activity or otherwise avail Fastpay Services with what we reasonably believe to be potentially fraudulent funds;

3. infringe our or any third party’s intellectual property rights, rights of publicity or privacy;

4. use the Fastpay Services if You are under the age of 18 years without a parental sponsor or, in any event, use the Fastpay Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;

5. post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;

6. post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;

7. refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Fastpay;

8. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Fastpay Services and the Fastpay Platform or features that enforce limitations on the use of the Fastpay Services or the Fastpay Platform;

9. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Fastpay Services or Fastpay Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;

10. use the Fastpay Services or the Fastpay Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Fastpay Services or the Fastpay Platform in an automated manner;

11. modify, adapt, translate or create derivative works based upon the Fastpay Services and the Fastpay Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;

12. intentionally interfere with or damage operation of the Fastpay Services or the Fastpay Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;

13. use any robot, spider, other automatic device, or manual process to monitor or copy the Fastpay Platform without prior written permission;

14. take any action that imposes an unreasonably or disproportionately large load on Fastpay’s infrastructure/network;

15. use any device, software or routine to bypass the Fastpay Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Fastpay Services;

16. forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Fastpay Platform or to manipulate Your presence on the Fastpay Platform;

17. sell the Fastpay Services, information, or software associated with or derived from it;

18. use the facilities and capabilities of the Fastpay Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;

19. breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;

20. provide false, inaccurate or misleading information;

21. use the Fastpay Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Fastpay Platform, except and only as expressly provided in the T & Cs;

23. use the Fastpay Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Fastpay, a third party or You;

24. use the Fastpay Services in a manner that Fastpay or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;

25. take any action that may cause Fastpay to lose any of the Fastpay Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;

26. send automated request of any kind to the Fastpay Platform without express permission in advance from Fastpay.

Termination; Agreement Violations

You agree that Fastpay, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Fastpay Services/Fastpay Platform and remove and discard on the Fastpay Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. Fastpay may also in its sole discretion and at any time discontinue providing access to the Fastpay Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Fastpay Services/Fastpay Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Fastpay will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Fastpay may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Fastpay Services/Fastpay Platform.

Limitation of Liability and Damages

In no event, Fastpay or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Fastpay Services, the Fastpay Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Fastpay Services, the Fastpay Platform (including any and all materials) or any reference sites/app/platform/service, even if Fastpay or a Fastpay authorized representative has been advised of the possibility of such damages. In no event, Fastpay or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Fastpay Services, the Fastpay Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Fastpay services, the Fastpay Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Fastpay, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Fastpay Service or the Fastpay Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that Fastpay has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Fastpay, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Fastpay. Fastpay would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Fastpay’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement

Indemnification

You agree to indemnify, save, and hold Fastpay, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Fastpay Services or of the Fastpay Platform; (ii) any violation by You of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Fastpay reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Fastpay, including rights to settle, and You agree to cooperate with Fastpay’sdefense and settlement of these claims. Fastpay will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, Fastpay and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Fastpay or through the Fastpay Services or the Fastpay Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “Fastpay” includes Fastpay’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You acknowledge that Fastpay is a reseller of mobile recharges and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that use of the Fastpay Services on the Fastpay Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Fastpay does not warrant that the Fastpay Services will be uninterrupted or error-free or that defects in the site will be corrected. The Fastpay Services and the Fastpay Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Fastpay, and its third party suppliers, licensors, and partners do not warrant that the data, Fastpay software, functions, or any other information offered on or through the Fastpay Services/Fastpay Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Fastpay and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Fastpay Services/Fastpay Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the Fastpay Services/Fastpay Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Fastpay be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Fastpay Platform.

Ownership; Proprietary Rights

The Fastpay Services and the Fastpay Platform are owned and operated by Fastpay and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Fastpay Services and the Fastpay Platform provided by Fastpay (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Fastpay, all Materials, trademarks, service marks, and trade names contained on the Fastpay Platform are the property of Fastpay and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Fastpay or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Fastpay Services/Fastpay Platform. Except as expressly authorized by Fastpay, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Fastpay reserves all rights not expressly granted in this Agreement. If You have comments regarding the Fastpay Services and/or the Fastpay Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Fastpay, and shall assign to Fastpay, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights

Modification of this Agreement

Fastpay reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Fastpay Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Fastpay Platform, availing the Fastpay Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Fastpay Services/Fastpay Platform. For certain changes, Fastpay may be required under applicable law to give You advance notice, and Fastpay will comply with such requirements.Your continued use of the Fastpay Platform following the posting of changes will mean that You accept and agree to the changes.

Notice

Fastpay may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Fastpay Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Fastpay must be sent by courier or registered mail to Fast Pay Networking Service Company,First Macroyan Block 14 Apartment 32, district 16, Center Kabul, Afghanistan.

Waiver

The failure of Fastpay to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Fastpay.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any Fastpay Service or the Fastpay Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Fastpay may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Afghanistan Arbitration Law (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Kabul and the language of this arbitration shall be English. Either You or Fastpay may seek any interim or preliminary relief from a court of competent jurisdiction in Kabul necessary to protect the rights or the property belonging to You or Fastpay (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Fastpay may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Fastpay. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Fastpay must be resolved by a court having jurisdiction in Kabul, Afghanistan. You agree to submit to the personal jurisdiction of the courts located within Kabul, Afghanistan, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Afghanistan law. This paragraph shall survive termination of this Agreement.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Assignment; Restrictions on Information Sharing; Privacy

This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without Fastpay’s prior written consent which may be withheld in Fastpay’s sole discretion, but this Agreement, and any rights granted hereunder, may be assigned by Fastpay freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by You in violation of this provision shall be void and of no effect. By accepting this Agreement and the T&Cs hereunder, You agree to be customers of Fastpay (including, each of Fast Pay and its affiliates). In addition, by accepting this Agreement and the T&Cs hereunder, You expressly and impliedly provide Your free and unconditional consent for the following: (a) for transferring Fastpay’s rights and obligations under this Agreement and the T&Cs in favour of any affiliate or third party; (b) for using the Fastpay Platform and availing the Fastpay Services by You subject to any specific terms and conditions imposed by any affiliate of Fastpay; (c) for receiving communications, notices and information from any Fast pay or any affiliate of Fast Pay; (d) for sharing of business information (including data analytics and any information relating to You or the services being availed by You) between Fastpay and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to Fastpay’s customers (including You); (ii) provision of better services by Fastpay’s vendors; (iii) to prevent any breach of a binding agreement between Fastpay and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by Fastpay or by any affiliate of Fastpay; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of Fastpay or any affiliate; or (vi) Fastpay retaining any and all information relating to You till such time as may be required under applicable laws or internal policies. At times Fastpayor its affiliates may make certain personal information available to affiliates, and, strategic partners that work with Fastpay to provide products and services, or that help Fastpay market to customers. Personal information will only be shared by Fastpay to provide or improve Fastpay’s products, services and advertising, and will always be shared in compliance with applicable laws; it will not be shared with non-affiliated third parties for their marketing purposes. Fastpay, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to You, managing and enhancing customer data, providing customer service, assessing Your interest in Fastpay’s products and services, offering any products or services from any Fastpay Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable law and these companies are obligated to protect Your personal information under applicable law. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for Fastpay to disclose Your personal information. Fastpay may also disclose information about You if Fastpay determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. Fastpay may also disclose information about You if Fastpay determines that disclosure is reasonably necessary to enforce the T&Cs or protect Fastpay’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of Fastpay’s business or products or services offered through any Fastpay Platform to any persons (including any affiliates), Fastpay may transfer any and all personal information that Fastpay collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees. For the purposes of these T&Cs, the term “affiliates” means and includes: (a) any company which is the holding company (as defined in the Ministry of Commerce and Industry, Afghanistan), subsidiary company (as defined in the Ministry of Commerce and Industry, Afghanistan) or associate company (as defined in the Ministry of Commerce and Industry, Afghanistan) of Fastpay; or (b) a person under the control of or under common control with Fastpay; or (c) any company, who is an associate company (as defined in the Ministry of Commerce and Industry, Afghanistan) of the first company, or if more than 50% of the share capital of such company (calculated on a fully diluted basis) is held by the same shareholders who own more than 50% of the share capital of Fast Pay Networking Service Company (calculated on a fully diluted basis).. For the purpose of this definition of an “affiliate”, “control” together with its grammatical variations when used with respect to any person (including Fastpay), means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of the voting securities, by contract or otherwise howsoever; and a “person” means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever. Fastpay’s privacy policy applies to use of the Fastpay Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the Fastpay Platform, You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information You send to the Fastpay Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only and they do not constitute a part of these T & Cs and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This Agreement is the entire agreement between You and Fastpay relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Fastpay in accordance with the terms of this Agreement.

Bill Payments and Digital Products Terms & Conditions

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Fastpay website located at www.fastpay.af, and all associated sites linked to www.fastpay.af, or the Fastpay mobile application or any similar platform (hereinafter collectively, the Fastpay Platform) run by Fast Pay Networking Service Company, having its registered office at First Macroyan Block 14 Apartment 32, district 16, Center Kabul, Afghanistan and/or any of its affiliates on any device and/or before availing any travel, recharge or bill payment or digital products related services offered by Fastpay on the Fastpay Platform (hereinafter, individually Fastpay Digital Service and collectively, the Fastpay Digital Services).

Eligibility

The Fastpay Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Fastpay from availing the Fastpay Digital Services or accessing the Fastpay Platform. By accepting the T&Cs or by otherwise using the Fastpay Digital Services on the Fastpay Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Fastpay, or disqualified for any other reason, from availing the Fastpay Bill Payment and Digital Goods Services or using the Fastpay Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Fastpay reserves the right to suspend or permanently prevent You from availing Fastpay Digital Services or using the Fastpay Platform.

Digital Services

Fastpay facilitates the payment of certain bills through the Fastpay Platform with respect to certain services offered by Fastpay business partners who have partnered with Fastpay to enable their bills to be paid through the Fastpay Platform. Please see the relevant links on the Fastpay Platform for more information on Fastpay’s bill payment service. Further, Fastpay also offers certain digital products which facilitate the purchase of prepaid recharges for mobile, DTH, toll and data card as well as purchase of movie tickets, bus tickets, hotel reservations, flight tickets and purchase of tickets to amusement or theme parks, etc. Other digital products available on the Fastpay Platform also include coupon redemption services. The terms and conditions in relation to bill payments and digital products are set out below. The terms and conditions in relation to bill payments and digital products set out below are applicable to and binding on You in conjunction with the SSOID terms and conditions already accepted by You. Each SSOID term or condition is applicable to and binding on You, or any of Your activities on the Fastpay Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned herein below includes the terms and conditions in relation to bill payments and digital products set out below and the SSOID terms and conditions as well as other service-specific terms and conditions in relation to Fastpay Services or Fastpay Platform.

Fastpay Recharges

Fastpay is only a reseller of digital products. Fastpay does not provide mobile operator services and is only a reseller of prepaid mobile recharge services which are ultimately provided by telecommunications service providers (hereafter Telco or Telcos) or by other distributors or aggregators of such Telcos. Fastpay is not a warrantor, insurer, or guarantor of the services to be provided by the Telcos. Prepaid mobile recharge sold by Fastpay to You is sold without recourse against Fastpay for any breach of contract by the Telcos. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the mobile prepaid recharge purchased must be handled directly between You (or the recipient of the recharge) and the Telco. The terms and conditions set out in this section are applicable, mutatis mutandis, to other prepaid recharge products available on the Fastpay Platform including prepaid recharges as well as to other prepaid recharge products that may be offered on the Fastpay Platform. Fastpay will not be responsible for any failure on the part of any of its recharge partners in effecting a recharge.

Refund Policy

All sales of prepaid recharge on the Fastpay Platform are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number for which You purchase the prepaid recharge and all charges that result from those purchases. You are also responsible for the information relating to data card and toll-tag recharge and all charges that result from those purchases. Fastpay is not responsible for any purchase of prepaid recharge for an incorrect mobile number or DTH account number or incorrect toll or data card information. However, if in a transaction performed by You on the Fastpay Platform, money has been charged to Your card or bank account and a recharge is not delivered within 24 hours of the completion of the transaction, then You shall inform us by sending an e mail to our customer services e mail address mentioned on the ‘Contact Us’ page on the Fastpay Platform. Please include in the e-mail the following details – the mobile number (or DTH account number or data card or toll-tag information), operator name, recharge value, transaction date and order number. Fastpay will investigate the incident and, if it is found that money was indeed charged to Your card or bank account without delivery of the recharge, then You will be refunded the money within 21 working days from the date of receipt of Your e mail. All refunds will be credited to Your semi- closed wallet. You can trigger a request in Your Fastpay wallet to transfer the money from Your Fastpay wallet back to source. It will take 3-21 working days for the money to show in Your bank account depending on Your bank’s policy.

Bill Payments

In order to use the bill payments service or any other Fastpay Service, You will need to obtain access to the World Wide Web or the Internet, either on a computer or on any other device that can access web-based content, and You will also need to pay any service fees associated with such access. In addition, You must have all equipment necessary to make such connection to the World Wide Web or the Internet, including a computer and a modem or any other set of access devices. Fastpay and/or the Fastpay business partner (including Fastpay’s bill payment partners) reserve the right to charge and recover from You, such fees for availing the service as the case may be. These charges shall be effective from the time when they are posted on the Fastpay Platform or on the Fastpay business partner’s channel/portal/website through which You are availing the specific service. You are bound by such revisions and should therefore visit the Fastpay Platform or check with the Fastpay business partner’s channel/portal/website through which You are availing the specific service in order to review the applicable fees which may vary from time to time. In the event that You stop or seek a reversal of the payment instructions as may have been submitted, Fastpay shall be entitled to charge and recover from You and You shall be liable to pay such charges to the bill payment service provider as may be decided by Fastpay. These charges shall be charged on to Your designated payment account or in any other manner as may be decided by Fastpay. Fastpay offers a convenient and secure way to make payments towards identified biller(s) using a valid payment account. Depending upon the Fastpay business partner through whom the specific service is availed by You (i) the specific features of the service may differ; (ii) the number of billers available over the service may differ; (iii) the type and range of payment accounts that can be used to issue a payment instructions may differ; (iv) the modes/devices over which the service can be accessed may differ; and (v) the charges, fees for availing the service or any aspect of the service may differ. Specific details related to these aspects would be available with the Fastpay business partner on their channel/portal/website over which the service is being availed. From time to time, Fastpay, at its sole discretion, can add to or delete from such list of billers or types of payment accounts that can be used in respect of making payments to a biller. The type and range of payment accounts that can be used for making payments may differ for each biller depending on biller specifications. There may be additional fees/charge when using certain types of payment accounts in respect of a biller. The terms upon which a payment can be made to a biller can differ depending on whether a card or a bank account is used to issue the payment instruction. Further, depending on the specific facilities allowed by a Fastpay business partner, payments to a biller can be made either (a) by issuing a payment instruction for an online debit/charge to a payment account or (b) by scheduling an automated debit to a payment account. In using the bill payment service, You agree to:

2. maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete at all times. If You provide any information that is untrue, inaccurate, not current or incomplete, or Fastpay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fastpay has the right to suspend or terminate Your account and refuse any and all current or future use of the Fastpay Services/Fastpay Platform (or any portion thereof). The term biller includes telecom operators
Fastpay assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction(s) on the payment date owing to any one or more of the following circumstances:

3. If the payment instruction(s) issued by You is/are incomplete, inaccurate, invalid and delayed;

4. If the payment account has insufficient funds/limits to cover for the amount as mentioned in the payment instruction(s);

5. If the funds available in the payment account are under any encumbrance or charge;

6. If Your bank or the National Clearing Centre refuses or delays honouring the payment instruction(s);

7. If payment is not processed by biller upon receipt;

8. Circumstances beyond the control of Fastpay (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force).In case the bill payment is not effected for any reason, You will be intimated about the failed payment by an e-mail.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any Fastpay Service or the Fastpay Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Fastpay may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Afghanistan Arbitration Law(hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Kabul and the language of this arbitration shall be English. Either You or Fastpay may seek any interim or preliminary relief from a court of competent jurisdiction in Kabul necessary to protect the rights or the property belonging to You or Fastpay (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Fastpay may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Fastpay. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Fastpay must be resolved by a court having jurisdiction in Kabul, Afghanistan. You agree to submit to the personal jurisdiction of the courts located within Kabul, Afghanistan, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Afghanistan law. This paragraph shall survive termination of this Agreement.